(v)biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass;

(vi)butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and

(vii)other fuel derived from cellulosic biomass.

(4) Biobased product

The term “biobased product” means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is—

(A)composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or

(B)an intermediate ingredient or feedstock.

(5) Biofuel

The term “biofuel” means a fuel derived from renewable biomass.

(6) Biomass conversion facility

The term “biomass conversion facility” means a facility that converts or proposes to convert renewable biomass into—

(A)heat;

(B)power;

(C)biobased products; or

(D)advanced biofuels.

(7) Biorefinery

The term “biorefinery” means a facility (including equipment and processes) that—

(A)converts renewable biomass into biofuels and biobased products; and

(B)may produce electricity.

(8) Board

The term “Board” means the Biomass Research and Development Board established by section
8108(c) of this title.

(9) Forest product

(A) In general

The term “forest product” means a product made from materials derived from the practice of forestry or the management of growing timber.

(B) Inclusions

The term “forest product” includes—

(i)pulp, paper, paperboard, pellets, lumber, and other wood products; and

(ii)any recycled products derived from forest materials.

(10) Indian tribe

The term “Indian tribe” has the meaning given the term in section
450b of title
25.

(11) Institution of higher education

The term “institution of higher education” has the meaning given the term in section
1002(a) of title
20.

(12) Intermediate ingredient or feedstock

The term “intermediate ingredient or feedstock” means a material or compound made in whole or in significant part from biological products, including renewable agricultural materials (including plant, animal, and marine materials) or forestry materials, that are subsequently used to make a more complex compound or product.

(13) Renewable biomass

The term “renewable biomass” means—

(A)materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section
1702 of title
43) that—

(i)are byproducts of preventive treatments that are removed—

(I)to reduce hazardous fuels;

(II)to reduce or contain disease or insect infestation; or

(III)to restore ecosystem health;

(ii)would not otherwise be used for higher-value products; and

(iii)are harvested in accordance with—

(I)applicable law and land management plans; and

(II)the requirements for—

(aa)old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) ofsection
6512 of title 16; and

(bb)large-tree retention of subsection (f) of that section; or

(B)any organic matter that is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including—

Memorandum of President of the United States, May 5, 2009, 74 F.R. 21531, provided:

Memorandum for the Secretary of Agriculture, the Secretary of Energy, [and] the Administrator of the Environmental Protection Agency

In the Nation’s ongoing efforts to achieve energy independence, biomass and biofuels promise to play a key role by providing the Nation with homegrown sustainable energy options and energizing our economy with new industries and jobs. While producing clean renewable fuels locally is a powerful engine of economic growth, they must be developed and used in a way that limits environmental impact. Today, the Environmental Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as required by the Energy Independence and Security Act of 2007, to set new national renewable fuel standards and implement those standards. The public will have an opportunity to provide input on this proposal through a 60-day comment period, and the EPA is conducting peer reviews on key aspects of the environmental impact assessments within the proposal.

In order to shepherd our Nation’s development of this important industry and to coordinate interagency policy, I hereby establish a Biofuels Interagency Working Group (Working Group), to be co-chaired by the Secretaries of Agriculture and Energy and the Administrator of the EPA. This Working Group will coordinate with the National Science and Technology Council’s Biomass Research and Development Board in undertaking its work. The responsibilities of the Working Group shall include:

(a) Developing the Nation’s first comprehensive biofuel market development program, which shall use existing authorities and identify new policies to support the development of next-generation biofuels, increase flexible fuel vehicle use, and assist in retail marketing efforts;

(c) Identifying new policy options to promote the environmental sustainability of biofuels feedstock production, taking into consideration land use, habitat conservation, crop management practices, water efficiency and water quality, as well as lifecycle assessments of greenhouse gas emissions.

Alongside the Working Group’s efforts, the Secretary of Agriculture may pursue other important biofuel development efforts. The Rural Development Act of 1972 and the Rural Development Policy Act of 1980 direct the Secretary of Agriculture to develop, in coordination with State and local governments, a nationwide rural development program to assure rural America’s health and prosperity. In keeping with that mandate, and recognizing the key role rural America will play in the development of biofuel technology and development, I request that the Secretary of Agriculture take the following steps, to the extent permitted by law:

(b) Develop a comprehensive approach to accelerating the investment in and production of American biofuels and reducing our dependence on fossil fuels by providing, within 30 days, under the authorities made available in the Food, Conservation, and Energy Act of 2008:

(i) Loan guarantees for the development, construction, and retrofitting of commercial-scale biorefineries and grants to help pay for the development and construction costs of demonstration-scale biorefineries;

(ii) Expedited funding to encourage biorefineries to replace the use of fossil fuels in plant operations by installing new biomass energy systems or producing new energy from renewable biomass;

(iii) Expedited funding to biofuels producers to encourage production of next-generation biofuels from cellulosic biomass and other feedstocks;

(iv) Expansion of the Renewable Energy Systems and Energy Efficiency Improvements Program, which has been renamed the Rural Energy for America Program, to include hydroelectric source technologies, energy audits, and higher loan guarantee limits; and

(v) Guidance and support for collection, harvest, storage, and transportation assistance for eligible materials for use in biomass conversion facilities.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

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